AIROnline 2024 SC 820

Supreme Court Of India

(From : AIROnline 2022 ORI 594)

Hon'ble Judge(s): Pamidighantam Sri Narasimha, Manoj Misra , JJ

Constitution of India , Art.226, Art.14— Reinstatement in service - Grant of relief of - Legality - Admittedly respondent was engaged on temporary basis for a fixed term of one year - There was no material to demonstrate that respondent was appointed against a substantive vacancy and that appointment was made by following prescribed procedure - Respondent was disengaged due to shortage of work - Direction by High Court to reinstate, particularly after the term was over, was not justified - High Court erred in directing reinstatement on the ground that State had reinstated similarly disengaged persons pursuant to Tribunal's orders passed in separate proceedings instituted by those persons, since Order in respect of respondent ought to have been examined on its own merit - However, considering differential treatment given by State to similarly placed individuals that resulted in unwarranted expectation and prolonged litigation, lump sum compensation of Rs. 5 lacs was awarded to respondent. AIROnline 2022 ORI 594-Reversed (Para 14 16 18 21 22 23) .....